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My notes 23DEC2015 23-12-2015

Police reforms – Kutch conference

  • Governance of a country is determined by one critical factor – i.e, minister-civil servant interaction.
  • Recent meeting of state DGPs at Dhordo near Rann of Kutch is one such an exercise to understand, learn and share each other’s view point.
  • Prime minister modis attention to detail and dedicated time to police top brass from states will give necessary direction, instill trust in the Bureaucracy.
  • His stress on smart policing, use of technology, community involvement, emphasis on result can overhaul the system if properly put in to action.
  • Keeping the police away from politics of the day, sensitizing the force at cutting edge level will increase public confidence in them.

Police and constitutional status

  • Police and public order are state subjects. Hence, Centre at best can play a coordinate role. The central agencies such as CBI, para military forces can only act with due authorization and cooperation from state police. So, this meeting significance is further increased as Centre is deploying its forces in fight against Naxalism.

Juvenile justice

A juvenile involved in a crime is kept in correctional home to reform, rehabilitate and reintegrate in the society. As procedure goes, Rehabilitative management committee under Justice juvenile board shall draft a plan for the purpose. It mean that, the reform is the function of the state.

Added to this, children involved with heinous crime need to be verified for their mental condition and a comprehensive and long term mental health plan shall be put in place. All these mechanisms are absent in Government. Instaed of this, strong law can replace reform of a child with retribution.

Media attention, social exclusion, vigilante justice, poverty will not give a chance for him to change theb course of his life.

RS

It is true that productivity of RS has decreased in this season to all time low. But, questioning its relevance is too far stretched and unnecessary mixing of two issues of productivity and relevance can prejudice the argument and can lead to a shortsighted judgement.

RS and its relevance was debated in the constitution assembly. Its purpose is to delay the hasty legislation made by the Lok Sabha to serve the populistic pressure of the day.  

RS playing an obstructionist role to the actions of Lok Sabha directly elected by the people is also a half truth. The conception of RS is to protect the interests of the states. Added to this, in Indian electoral system, Lok Sabha represents the will of the people can be questioned. The first pass the post system do not ensure a parity between votes and representation.

Anti-defection law curtailing the rights and independence of the members by not allowing them to vote freely in the house is an age old settled debate. The objective of the law is to prevent the horse trading and maintain the stability of the Governments.

The better solution for ongoing crisis in the parliament is Government making an effort to build the consensus in both houses of parliament and doing a strong pre session exercise to this end.

On frequent disruptions, we need to revisit the parliamentary procedures and shall create a mechanism to provide right to protest to the members without disrupting the proceedings. For instance, few days in a session can be allocated to the opposition to decide the agenda of the day.

Finally, populistc, law making in a hurry will not serve the long term interests of a nation. The RS is necessary for very this purpose.

 

 

Question

Do you think – In a democracy populism shall prevail over the logic. In this context discuss the role of Rajya Sabha and Anti defection law. 

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